Backup Documents 12/12/2017 Item #11L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 L i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB ,b 12/12/17
4. BCC Office Board of County
Commissioners \('< Z-Vz\\"\
5. Minutes and Records Clerk of Court's Office 011 Iall�3'�
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Dan Summe s Emergency Services 239-252-3/00
Contact/ Department
Agenda Date Item was 12/12/17 Agenda Item Number 16E14 /°
Approved by the BCC \ ./
Type of Document Memorandum of Understanding Number of Original Three `
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. ' (Initial) Applicable)
1. Does the document require the chairman's original signatur STAMP OK JAB
2. Does the document need to be sent to another agency for ad tiopal signatures?.If yes, NA
provide the Contact Information(Name;Agency;Address; Phone)on'an''attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 12/12/17 and all changes made during JAB
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the - B
BCC,all changes directed by the BCC have been made,and the document is ready for t ,
Chairman's signature. 9 ,t
•1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 �\
111
MEMORANDUM
Date: December 14, 2017
To: Kathy Heinrichsberg, Executive Secretary
Bureau of Emergency Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Memorandum of Understanding w/Florida Department of
Agriculture & Consumer Services and Florida Forest Service
Attached are two (2) original documents as referenced above, (Item #11L) approved
by the Board of County Commissioners on Tuesday, December 12, 2017.
The Minutes & Records Department has the third original to be kept in the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1 1 L
MEMORANDUM OF UNDERSTANDING Y
4iW
.r �
`✓ f Mira; i .
BETWEEN 0 2 14 9 5 3
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
FLORIDA FOREST SERVICE
AND
COLLIER COUNTY
392,538 Acres Land
THIS MEMORANDUM OF UNDERSTANDING ("Agreement"), made and entered into this
1'., day of 4„0 .(14.(4,-2017, by and between the Florida Department of Agriculture and
Consumer Services, Florida Forest Service, hereinafter called "FFS," and Collier County, a
Political Subdivision of the State of Florida, hereinafter called the "County." Both entities are
hereinafter collectively called the "Parties."
WITNESSETH:
WHEREAS, Section 125.27, Florida Statutes, provides that the Florida Forest Service of
the Department of Agriculture and Consumer Services shall enter into agreements with the Board
of County Commissioners of each county in the State of Florida for the establishment and
maintenance of countywide fire protection of all forests and all wildlands within said county, and
WHEREAS, Section 125.27, Florida Statutes, also provides that each county shall be
assessed each fiscal year as its share of the cost of providing such fire protection a sum in dollars
equal to the total forest and wild land acreage of the county, as determined by the Depai tment,
multiplied by seven cents; and
WHEREAS, in accordance with Section 125.27, Florida Statutes, the Parties entered a
Cooperative Agreement for the protection of all forests and all wildlands within Collier County,
1
11I.
dated July 1, 1988; and
WHEREAS, when a wildfire encroaches into urban development, it threatens homes,
structures, recreation, infra-structure, and lives; and
WHEREAS, there are portions of Collier County that are highly susceptible to impacts
from wildfire, including the Golden Gate Estates area; and
WHEREAS, the purpose of a firebreak is to limit any combustible material from a fire and,
in addition, they are used to prevent advancing surface flames from coming in direct contact with
homes and structures; and
WHEREAS, a firebreak is an area where all vegetation and organic matter is removed
down to mineral soil by use of a conventional fire plow, or vegetation is reduced in height to lower
overall flame length and intensity. A firebreak is created and maintained by having tractors pull
roll choppers or using cutting and grinding equipment working through designated areas; and
WHEREAS, there is a benefit to the residents of the County for the FFS to create and
maintain additional firebreaks within the County to avoid a wildfire's encroachment into urban
areas, resulting in the potential destruction of homes, structures, and loss of life; and
WHEREAS, the County has determined that providing additional funds from time-to-time
at the Board's discretion shall augment and support FFS wildfire mitigation efforts beyond the
statutory payment for wildfire suppression and will help to increase the amount of wildfire
mitigation work that FFS can accomplish; and
WHEREAS, in 1988, the County adopted the Collier County Wildfire Mitigation Plan,
hereinafter called the "Plan," with the goal to lower the community's risk to wildfire damage in
all of Collier County; and
2
1 1 I.
WHEREAS, consistent with the Plan, the County is dedicated to mitigating the impacts of
hazards such as wildfires, and has committed funding for that purpose in the FY18 County Budget
for$ 75,000.00; and
WHEREAS, the County desires assistance from FFS in carrying out the strategy in the
Plan; and
WHEREAS, the County desires the creation and maintenance and of new and existing
firebreaks within the County. The statutory funds provided by the County shall be used in the
manner required by Section 125.27, Florida Statutes, and the remainder mitigation funds shall not
be part of FFS's day-to-day activity,but shall be utilized for supplies, equipment, fuel, labor,pipes,
pumps, educational materials, and other activities necessary to further wildfire protection; and
WHEREAS, such remainder mitigation funds contributed by the County for the activities
referenced above shall be deposited in the Florida Forestry Arson Alert Foundation fund for the
Caloosahatchee Forestry Center's work within Collier County.
WHEREAS,the County may provide additional levels of mitigation funding in future years
from other sources at a rate and schedule to be determined by the Board; and
WHEREAS, the FFS will provide quarterly reports on its mitigation efforts to the County
Manager in a form prescribed by the County Manager; and
WHEREAS, the FFS will coordinate with the County's Growth Management Division
regarding land clearing and land use; and
WHEREAS, this Agreement is intended to replace and supersede the State of Florida
Cooperative Agreement between the Parties, originally dated August 22, 1988 (Contract#1904),
and amended June 15, 2009.
3
111
NOW, THEREFORE, in consideration of the mutual covenants and agreement hereinafter
contained, and in the interest of the public served by both Parties, the County and FFS agree as
follows:
1. The above-mentioned recitals are true and correct and incorporated by reference as
if fully stated herein.
2. The initial term of this Agreement shall be five (5) years commencing on the date
first written above and will automatically renew for two successive three (3)year terms unless one
party provides the other with written notice at least ninety (90) days in advance of the end of the
existing term that it does not wish to renew the term of this Agreement.
3. FFS shall provide fire protection for(392,538) acres of forest and wild lands within
Collier County.
4. The County shall, under the terms of this agreement and Section 125.27, Florida
Statutes, pay to FFS annually as its share of the cost of providing such fire protection at the
statutory rate (totaling $27,477.66), said receipts to be deposited in the Incidental Trust Fund of
the FFS and the General Revenue Fund of the State. The remainder of the mitigation funds
supplied by the County (totaling $47,522.34) shall be paid to the Florida Forestry Arson Alert
Association fund for the Caloosahatchee Forestry Center's work within Collier County.
5. FFS shall neither transfer nor assign the Agreement nor subcontract management
of the resources or any part thereof nor grant any interest, privileges, or licenses whatsoever in
connection with this Agreement without prior written consent from the County.
6. Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by
any party hereof, as provided in Section 768.28 Florida Statutes, as amended, or any other law
providing limitation on claims.
4
1 1 L •
7. Each party to this Agreement shall be responsible for its own acts and/or omissions
and those of its officers, employees, and agents in the performance of this Agreement. No party to
this Agreement shall be responsible for the acts and omissions of those entities or individuals not
a party to this Agreement. FFS is self-insured in accordance with Section 768.28,Florida Statutes.
8. FFS agrees and certifies that it will comply with Title VI of the Civil Rights Act of
1964(PL 88-352) and other enabling acts and regulation, and accordingly, no person in the United
States shall, on the grounds of race, sex, creed, handicap, or national origin, be excluded from
participation in, be denied the benefits of, or otherwise subjected to discrimination in the
management of the project described herein.
9. Both Parties agree that there is no conflict of interest by either party in the execution
and performance of this Agreement.
10. This Agreement shall be effective upon the day and year written above and shall
remain in full force and effect until terminated as provided herein under paragraph 2, above.
11. Notices to FFS shall be sent to:
FFS: Ronda Sutphen
3125 Conner Blvd.
Tallahassee, FL 32399
With Copy to:
Mr. Michael Weston- Center Manager
10941 Palm Beach Blvd.
Fort Myers, FL 33905
Notices to County shall be sent to:
Mr. Leo Ochs, County Manager
3299 Tamiami Trail -Suite 202
Naples, FL 34112
With Copy to:
Mr. Dan E. Summers, Director
5
1 1 L
Collier County Emergency Management Division
8075 Lely Cultural Parkway—Suite 442
Naples, FL 34113
12. The employees or agents of each party who are engaged in the performance of this
Agreement shall continue to be employees and agents of that party and shall not be considered for
any purpose to be employees or agents of the other party.
13. If any provision of this Agreement shall be held to be invalid, such invalidity shall
not affect the other provisions of this Agreement, which can be given effect without the invalid
provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
severable.
14. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature.
15. This Agreement contains all the terms and conditions agreed upon by the parties.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to exist or to bind either of the Parties hereto. This Agreement may be amended or
modified only upon the mutual written consent of the Parties.
16. Acceptance of this Agreement shall be indicated by the signature of the duly
authorized representatives of the Parties in the space provided.
6
1 1 L
The Parties have caused this Agreement to be executed on the date stated above.
ATTEST: -;.�,T BOARD OF C• TY COMMISSIONERS
DWIGHT•E:'B10?G, LERK OF COL I," LINTY, FLORIII •
Attest at*"k PENNY T OR, CH 1,gr AN
signature.only.
Approval as toform and legality:
Jennifer A. Belpedio
Assistant County Attorney
FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, FLORIDA
FOREST SERVICE
By: itd4
Jo, Hicks, Director
ivision of Administration
FLORIDA FORESTRY ARSON ALERT
ASSOCIATIO
By:
Ji,, . arels, President